Penal Code Section 243(e)

California Penal Code Section 243(e) provides:

(e) (1) When a battery is committed against a spouse, a person with whom
the defendant is cohabiting, a person who is the parent of the defendant's
child, former spouse, fiance, or fiancee, or a person with whom the defendant
currently has, or has previously had, a dating or engagement relationship,
the battery is punishable by a fine not exceeding two thousand dollars
($2,000), or by imprisonment in a county jail for a period of not more
than one year, or by both that fine and imprisonment. If probation is
granted, or the execution or imposition of the sentence is suspended,
it shall be a condition thereof that the defendant participate in, for
no less than one year, and successfully complete, a batterer's treatment
program, as defined in
Section 1203.097, or if none is available, another appropriate counseling program designated
by the court. However, this provision shall not be construed as requiring
a city, a county, or a city and county to provide a new program or higher
level of service as contemplated by Section 6 of Article XIII B of the
California Constitution.

(2) Upon conviction of a violation of this subdivision, if probation is
granted, the conditions of probation may include, in lieu of a fine, one
or both of the following requirements:

(A) That the defendant make payments to a battered women's shelter, up
to a maximum of five thousand dollars ($5,000).

(B) That the defendant reimburse the victim for reasonable costs of counseling
and other reasonable expenses that the court finds are the direct result
of the defendant's offense. For any order to pay a fine, make payments
to a battered women's shelter, or pay restitution as a condition of probation
under this subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a battered
women's shelter be made if it would impair the ability of the defendant
to pay direct restitution to the victim or court-ordered child support.
Where the injury to a married person is caused in whole or in part by
the criminal acts of his or her spouse in violation of this section, the
community property may not be used to discharge the liability of the offending
spouse for restitution to the injured spouse, required by Section 1203.04,
as operative on or before August 2, 1995, or Section 1202.4, or to a shelter
for costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is exhausted.

(3) Upon conviction of a violation of this subdivision, if probation is
granted or the execution or imposition of the sentence is suspended and
the person has been previously convicted of a violation of this subdivision
and sentenced under paragraph (1), the person shall be imprisoned for
not less than 48 hours in addition to the conditions in paragraph (1).
However, the court, upon a showing of good cause, may elect not to impose
the mandatory minimum imprisonment as required by this subdivision and
may, under these circumstances, grant probation or order the suspension
of the execution or imposition of the sentence.

(4) The Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence so as to display society's
condemnation for these crimes of violence upon victims with whom a close
relationship has been formed.